A Pejotização como instrumento de fraude ao regime de emprego

Content Provider	Semantic Scholar
Author	Vieira, Iohanna Castro
Copyright Year	2019
Abstract	This monograph seeks to combat the fraud institute in labor relations consisting in a toxic instrument of attempted commodification of the work, congruent in the use of conduits and mechanisms legal formalities which, through the granting of a fake employment relationship, they seek to deviate from to labor legislation and the observance of social rights workers' fundamental rights. Therefore, the principle of the primazy of reality must prevail in so far as, although the worker exercises his work with subordination, otherness, onerousness, habituality and personality – although she is transvestite legal personality in manifest employment relationship –, provided that it complies with the banal formalities for acquisition of legal entity, will not be considered an employee in spite of being protected by article 9 of the CLT that immunizes the labor legislation against fraud files. Thus, we unveil “pejotização” through its concept and characteristics, as well as the employee and employer motives to be used of this illicit use of “PJ”. In addition, we analyze the legal subordination and the need for a reformulation of its concept in view of the new employment relations originated by the flexibilization of Labor Law. Lastly, illustrates the consequences of this fraud with the impetus to reprimand the use of this practice.
File Format	PDF HTM / HTML
Alternate Webpage(s)	https://repositorio.ufba.br/ri/bitstream/ri/30043/1/Iohanna%20Castro%20Vieira.pdf
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article